Understanding Indiana’s Medical Malpractice Act: What Patients Need to Know

Indiana’s Medical Malpractice Act creates a unique set of rules for patients injured by
medical negligence, including mandatory review panels and a cap on the total
compensation you can recover.

Indiana was one of the first states in the country to enact comprehensive medical
malpractice reform when it passed the Indiana Medical Malpractice Act in 1975. The
Act, codified at Indiana Code Title 34, Article 18, establishes a framework that governs
how medical malpractice claims are brought, evaluated, and resolved in the state. While
the Act was designed to balance patient rights with the stability of the healthcare
system, it creates several important requirements that patients should understand
before pursuing a claim.

Under Indiana law, medical malpractice is defined as a tort or breach of contract based
on healthcare or professional services that were provided, or that should have been
provided, by a healthcare provider to a patient. To pursue a claim, the patient must
generally show that the healthcare provider failed to meet the applicable standard of
care and that this failure caused the patient’s injury. Healthcare providers who purchase
malpractice insurance and pay a surcharge into the Indiana Patient’s Compensation
Fund are considered “qualified” providers under the Act and receive certain protections,
including a cap on their individual liability.

One of the most distinctive features of Indiana’s system is the mandatory medical
review panel. Before a patient can file a medical malpractice lawsuit in court against a
qualified healthcare provider, the claim must first be submitted to a medical review
panel. The panel consists of three healthcare providers and one attorney who serves as
chairperson. The panel reviews the evidence and issues a written opinion on whether
the provider met the applicable standard of care. The panel’s opinion is not binding,
meaning the patient may still file a lawsuit in court regardless of the outcome, but the
opinion is admissible as evidence at trial.

Indiana law also places a cap on the total damages a patient can recover in a medical
malpractice case. For claims arising on or after July 1, 2019, the total cap is one million
eight hundred thousand dollars. This cap applies to all damages combined, including
both economic damages such as medical bills and lost wages and noneconomic
damages such as pain and suffering. The cap is divided between the healthcare
provider, who is responsible for the first five hundred thousand dollars, and the Indiana
Patient’s Compensation Fund, which covers additional damages up to the statutory
maximum. Unlike many other states, Indiana’s cap applies to total damages rather than
only noneconomic damages.

The statute of limitations for medical malpractice claims in Indiana is two years from the
date of the alleged malpractice. For children under the age of six, the deadline is
extended to the child’s eighth birthday. Because the mandatory review panel process
can take considerable time to complete, it is important to initiate a claim as early as
possible to avoid being barred by the statute of limitations.

If you believe you or a family member has been harmed by medical negligence, the
attorneys at McNeelyLaw can help you understand how Indiana’s Medical Malpractice
Act applies to your situation and guide you through the review panel process and
beyond. Contact us today for a case evaluation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of
any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions
you may have concerning your situation.